Summary#
This bill changes the Criminal Code to require judges to treat assaults and threats against health care workers, while they are on duty, as an aggravating factor at sentencing. It applies to uttering threats to cause death or bodily harm and to all main assault offences. It also defines “health care worker” broadly to include anyone employed in a health care setting, including home care (Bill, subs. (1)–(2); Criminal Code 264.1(1)(a), 266–269 as referenced in the bill).
- Judges must consider tougher sentences when the victim is an on‑duty health care worker (Bill, subs. (1)).
- Applies to threats, assault, assault with a weapon or causing bodily harm, aggravated assault, and unlawfully causing bodily harm (Criminal Code 264.1(1)(a), 266–269).
- Covers workers in hospitals, residential facilities, clinics, pharmacies, and home care settings (Bill, subs. (2)).
- Does not create a new crime or a mandatory minimum; it changes sentencing only (Bill, subs. (1)).
- Takes effect on Royal Assent; the bill sets no later start date (no coming‑into‑force clause in the bill text).
What it means for you#
- Households
- If you threaten or assault a health care worker who is on duty, the court must treat that fact as an aggravating factor at sentencing. This can lead to a harsher sentence within the legal range (Bill, subs. (1)).
- Health care workers
- If you are assaulted or threatened while on duty, the judge must consider that at sentencing as an aggravating factor. This applies whether you are clinical or non‑clinical staff, if you are employed in a listed health care setting or in a person’s home during home care (Bill, subs. (1)–(2)).
- Employers (hospitals, clinics, pharmacies, residential facilities, home‑care agencies)
- In relevant cases, prosecutors may seek documentation to show the victim was a “health care worker” and on duty at the time (Bill, subs. (1)–(2)).
- Police and prosecutors
- You will need to allege and, if disputed, prove that the victim met the bill’s definition and was on duty when the offence happened for the aggravating factor to apply (Bill, subs. (1)–(2)).
- Courts
- You must consider the aggravating factor at sentencing for covered offences when proven. The bill does not change offence elements, plea standards, or create mandatory minimums (Bill, subs. (1)).
Expenses#
Estimated net cost: Data unavailable.
- The bill makes no appropriations and changes no fines or fees. It adjusts sentencing considerations only (Bill, subs. (1)).
- Any impact on system costs (for example, from longer average sentences) depends on judicial decisions in individual cases. Data unavailable.
Proponents' View#
- Protects health care workers by requiring courts to treat on‑duty assaults and threats against them as aggravating at sentencing, providing a clear, uniform directive nationwide (Bill, subs. (1)).
- Recognizes all workers in health settings, not only licensed clinicians, by using a broad definition that includes hospitals, residential facilities, clinics, pharmacies, and home care (Bill, subs. (2)).
- Targets the most common violent and threat offences against workers by covering uttering threats and all main assault provisions (Criminal Code 264.1(1)(a), 266–269 as referenced in the bill).
- Supports consistent sentencing practices by removing doubt about whether a victim’s role in health care should aggravate the sentence (Bill, subs. (1)).
Opponents' View#
- May be redundant because judges already have discretion to consider victim vulnerability and context when sentencing under general sentencing principles (Criminal Code s.718.2; general reference).
- Deterrent effect is uncertain; research often finds limited deterrence from sentence enhancements unless detection and enforcement also change. The bill does not change enforcement. Assumption noted.
- The broad definition of “health care worker” could create boundary questions (for example, contracted staff or settings not listed), leading to disputes and added court time (Bill, subs. (2)).
- Could increase incarceration time and related costs if judges impose higher sentences, though the scale depends on case‑by‑case decisions. Data unavailable.